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Retail establishment means any place of business where licensed products are <br /> available for sale to the general public. Retail establishments shall include but not be <br /> limited to grocery stores, convenience stores and restaurants. <br /> Sale means any transfer of goods for money, trade, barter or other consideration. <br /> Sampling means offering or allowing customers to try tobacco products furnished <br /> by the shop on the date the sampling occurs without monetary exchange for testing or <br /> instructional purposes and must be limited in duration and intent and shall not be used to <br /> circumvent restrictions on public smoking or establish de facto tobacco-use venues, such as <br /> lounges. <br /> Self-service display means open displays of licensed products in any manner where <br /> any person shall have access to the licensed products without the assistance or intervention <br /> of the licensee or the licensee's employee. and where a physical exchange of the licensed <br /> product from the licensee or the licensee's employee to the customer is not required in <br /> order to access the licensed products. <br /> Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, <br /> cigarette, or pipe, or any other lighted or heated product containing, made, or derived from <br /> nicotine,tobacco, marijuana, or other plant, whether natural or synthetic,that is intended <br /> for inhalation. Smoking also includes carrying or using an activated electronic delivery <br /> device. <br /> Tobacco means any substance or item containing tobacco leaf, including but not <br /> limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; <br /> cheroots; stogies; perique; granulated,plug cut, crimp cut, ready-rubbed, and other <br /> smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping <br /> tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and <br /> forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or <br /> smoking. Tobacco does not include any nicotine cessation product that has been authorized <br /> by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," <br /> "devices,"or"combination products," as defined in the Federal Food, Drug, and Cosmetic <br /> Act. <br /> Tobacco-related devices means any rolling papers, wraps, pipes, or other device <br /> intentionally designed or intended to be used with tobacco products. Tobacco-related <br /> devices include components of tobacco-related devices or tobacco products, which may be <br /> marketed or sold separately. Tobacco-related devices may or may not contain tobacco. <br /> Vending machine means any mechanical, electric or electronic, or other type of <br /> device which dispenses licensed products upon the insertion of money,tokens or other <br /> form of payment directly into or onto the device by any person. <br /> 236900v1 Page 3 of 10 <br />